Crime and Punishment through the Ages

Crime o The intentional commission of an act usually deemed socially harmful or dangerous and specifically defined, prohibited, and punishable under criminal law. The changing nature of crime o Crime is definitely not constant/unchanging Eg. Two people walk in the streets in NY, one with a pint of whiskey and one with $100 in gold coins. In 1933, the person with the alcohol would have been breaking the law, and the person with the gold law-abiding, however in 1934, their positions would have swapped o The development of technology means that more subtle but equally/more devastating crimes can be committed. For example, the development of computer technology has made an increase in hacking etc., and the illegal download of music, software, movies or books. Punishment o The infliction of some kind of pain or loss upon a person for a misdeed (i.e., the transgression of a law or command). The changing nature of Punishment o Causes of crimes o Biological tendency to crime can be hereditary. Cesare Lombroso (1890s) - investigations of the skulls and facial features of criminals led him to the hypothesis that serious or persistent criminality was associated with atavism, or the reversion to a primitive stage of human development. Atavism = reappearance of a characteristic

in an organism after several generations of only being part of the genotype William Sheldon (mid-20th century) - criminal behaviour was more common among muscular, athletic persons (mesomorphs) than among tall, thin persons (ectomorphs) or soft, rounded individuals (endomorphs). Links between chromosomal abnormalities and criminal behaviour. Eg. Males with the XYY-trisomy may be more prone to crime Twins are more likely to exhibit similar tendencies toward criminality if they are identical (monozygotic) than if they are fraternal (dizygotic). Studies of adopted children have shown that the likelihood of criminality generally corresponds with that of their biological parents. Certain neurotransmitter imbalances in the brain (e.g., low levels of serotonin), hormonal imbalances (e.g., higher levels of testosterone), and slower reactions of the autonomic nervous system appear to be associated with increased criminality. Note, these factors dont absolutely determine whether a person will commit a crime, they just make them more likely to. Autonomic nervous system = is the part of the peripheral nervous system that acts as a control system functioning largely below the level of consciousness, and controls visceral functions. Visceral = pertaining to the internal organs Alcohol intoxication, the use of some drugs (e.g., crack cocaine but not marijuana), diet, and the ingestion of toxic substances is also associated with increased aggressiveness and violent tendencies Certain types of head injuries and complications during pregnancy or birth are correlated with long-term increases in the tendency of the child to commit crime. o Psychological the tendencies associated with a persons personality Sigmund Freud (1859 - 1936) Three levels of thought: id is the instinctual, animalistic; the super-ego is like a conscience (moral and ethical); ego moderates between the two. Assumed criminality came from a underdevelopment of the superego, however there isnt much evidence B.F. Skinner (1904-90) - viewed all human behaviourcriminal and otherwiseas learned and thus manipulable by the use of reinforcement and punishment. Ronald Akers - expanded behaviour theory to encompass ways in which behaviour is learned from contacts within the family and other intimate groups, from social contacts outside the family (particularly from peer groups), and from exposure to models of behaviour in the media, particularly television.

 Mental illness is generally the cause of a relatively small proportion of crimes, but its perceived importance may be exaggerated by the seriousness of some of the crimes committed by persons with mental disorders. Closure of many American mental institutes in 1960s-70s, meant many mentally ill people ended up in jails Childhood experiences such as harsh or inconsistent punishments can result in criminal tendencies o Sociological - criminal behaviour is a normal response of biologically and psychologically normal individuals to particular kinds of social circumstances. Differential Association - all criminal behaviour is learned and that the learning process is influenced by the extent of the individual's contact with persons who commit crimes. Theory of Anomie proposed by Robert K. Merton, suggests that criminality results from an offender's inability to attain his goals by socially acceptable means. Neutralisation Theory delinquent generally subscribes to the morals of society but justifies his own behaviour by redefining it. Control Theory - ability of the individual to resist the inclination to commit crime depends on the strength of his attachment to his parents, his involvement in conventional activities and avenues of progress, and his commitment to orthodox moral values that prohibit the conduct in question. Social-structural strain theories - less-affluent people commit these types of crime more frequently than wealthy people do, because members of lower economic classes generally have fewer opportunities to make money through legitimate means. o China Since 1949, Viewed as a product of an exploitative class structure founded upon the institution of private property Sources of criminal activity have been suggested: 1) External enemies and remnants of the overthrown reactionary classes (the latter referring to the government of the Republic of China in Taiwan). 2) Other remnants of the old (pre-1949) society, including gangsters and hooligans, who refuse to reform 3) Lingering aspects of bourgeois ideology that value profit, cunning, selfishness, and decadence and thus encourage crime. 4) The poverty and cultural backwardness that is seen as the legacy of
the old society.

Because of this, China has emphasised thought and reform as a means to get rid of crime.

Punishment Techniques over Time o With the development of formal human rights in the past century, punishments have become a lot less physical. For the most part, instead of torture, or death, punishments include fines and prison sentences. Executions have declined, from 400s - Hanging Introduced o In England: 1714 - Riot Act passed, punishable by death 1718 - Transportation Act allows courts to sentence those convicted of offences with benefit of clergy to be transported to America for 7 years. Also permits those found guilty of capital crimes to be pardoned on condition of transportation for 14 years or life 1775 - Transportation ceased due to American War of Independence 1775-1786 - Number of executions rose sharply Crime and Punishment in Anarchies? o No official crimes or punishments, as there isnt a leading force, or any ru les in an anarchy, however different factions/groups may enforce what could be viewed as punishments for what that group views as a crime. For example, simply standing up to a group may be punished although it isnt formally recognised as a crime. Punishment may happen without a formal crime. Tribal Punishments o Aztecs Crime the main crimes are murder, stealing from another, and public drunkenness (unless at a festival or if the offender is over 70) Punishments o Most severe death at an altar, possibly by strangulation or stoning o Middling severity home demolished, or head shaved o Least severe restitution, eg. Person who starts the fight must pay medical costs Technology and Crime o Death Penalty When, Where, How? o International Abolition: in 1977, just 16 countries had abolished the death penalty for all crimes. By 1988, 35 countries had done so and another 18 had abolished the death penalty for all but exceptional crimes like treason, and 27 more were considered abolitionist in practice because they had not carried out an execution in over 10 years. As of the end of 2009, 139 countries were abolitionist in law or practice. o Influences of Religion on Crime and Punishment

o Determine punishments and crimes, according to what is recorded in the holy text of a certain religion Hushed up crimes or punishments o Punishments Right or Wrong? o Does punishment work? o Scotland: The trend in reconviction rates for offenders released from custody or given a non-custodial sentence rose slowly from 42.9% for the 1999-00 cohort to peak at 45.2% for the 2002-03 cohort. The two year reconviction rate of offenders was stable at around 45 per cent between 2002-03 and 2005-06, it has fallen to 44.0 per cent in 2006-07. o Punishment does work to a degree in keeping criminals out of society, and discouraging others from committing crime, however it isnt infallible as evidenced by the fact that it is still needed. Relationship between crimes and punishment, and justice o Many people would say that punishment in response to a crime is justice. Another common belief to do with this topic is that justice or punishment should reflect the crime. For example, in Are people born evil? o There are people who are more inclined to violence and crime through their genes etc. however this merely gives them a tendency towards crime, and doesnt mean that they are sure to commit a crime Eg. Having two X sex chromosomes and one Y can make a person more inclined to psychopathy o Some people are born with a tendency towards crime, but evil is too strong a word, and experiences as well as DNA, affects criminal tendencies. The early experiences of a child and the opinions of their parents and the values they are taught to live by affects the childs criminal tendencies much more than hereditary traits. Worst crime to commit o Different civilisations have different ideas of the worst crimes, however generally the crime that is considered the worst is rape and torture preceding death o Greek legend says that the three worst crimes are hubris, abuse of the host-guest relationship, and blood-guilt (murder, especially of ones family) How did crime begin? o There is no definite beginning of crime, but it has probably been around since the beginning of the human race, although in a more primitive form, committed for survival. There would also have been no formal system of punishment or for defining what constitutes a crime. Role of police over time? Was there an equivalent in Medieval times?

o Some form of policing has been around in all civilisations as it is needed in order to uphold laws. The police makes sure that the person responsible for the crime is found and, depending on the civilisation, either carries out the punishment or puts them on trial before others who will determine the punishment. In the medieval times, each lord would have had soldiers who would have policed the lords land.